FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

AGENDA

March 13, 2003

1.      Approval of the minutes of the meeting held October 22, 2002.  (Deferred from the November 26, 2002, meeting.)

2.      Approval of the minutes of the meeting held November 26, 2002.

3.      Consideration of a Recommended Order issued by the Division of Administrative

Hearings in the case of Bay Point Club, Inc., vs. Bay County; and K. Earl Durden, David Allen Spencer, Harry B. Sipple, III, Unal Tutak, David W. Hill, Lucy N. Hilton, William F. Fusselman; and Bay Point Community Association, Inc. (FLWAC Case No. APP-01-005, DOAH Case No. 01-4890).

On October 12, 2001, Petitioner, Bay Point Club, Inc., filed a notice and petition for appeal of Bay County's denial of an Application for a Non-Substantial Deviation Amendment to the Development Order in the Bay Point Yacht and Country Club Development of Regional Impact (DRI).  Petitioner's Non-Substantial Deviation Amendment would have authorized revisions to the existing Bay Point Yacht and Country Club DRI Development Order by combining Parcels F and 12 to develop 136 residential condominium units and modifying the specific recreational uses originally approved for Parcels 9 and 10 from tennis and a clubhouse to designation of the parcels for general recreational uses.  Petitions to Intervene in opposition to the petition were filed with the Commission by K. Earl Durden, David Allen Spencer, Harry B. Sipple, III, Unal Tutak, David W. Hill, Lucy N. Hilton, William F. Fusselman, and Bay Point Community Association, Inc.  On December 19, 2001, the Commission entered an Order of Transmittal authorizing intervention by K. Earl Durden, et al., and Bay Point Community Association, Inc., and referred the matter to the Division of Administrative Hearings for assignment of an Administrative Law Judge and further proceedings.

On May 13-15 and September 11, 2002, Administrative Law Judge Donald R. Alexander, Division of Administrative Hearings, conducted an administrative hearing in Panama City and Tallahassee, Florida.  Judge Alexander issued a Recommended Order on December 11, 2002, recommending the Commission enter a final order denying Petitioner's application for a Notice of Proposed Change on the ground that it is inconsistent with portions of the Bay County Comprehensive Plan.  Exceptions to the Recommended Order were filed by Petitioner on December 24, 2002.  Intervenors filed Joint Responses in Opposition to Petitioner's Exceptions to Recommended Order on January 13, 2003.

Recommendation:

Authorize the Secretary to enter the Draft Final Order denying Petitioner's application for a Notice of Proposed Change.

Back-Up:

DOAH's Recommended Order received on December 13, 2002.

Petitioner's Exceptions to the Recommended Order received on December 24,

2002.

Petitioner's Request for Official Recognition received on January 7, 2003.

Intervenors' Joint Responses in Opposition to Petitioner's Exceptions to

Recommended Order received on January 13, 2003.

Intervenors' Joint Response in Opposition to Petitioner's Second Request for

Official Recognition received on January 21, 2003.

Draft Final Order.

Florida Land and Water Adjudicatory Commission Agenda

March 13, 2003